In what circumstances will the Court decline to rule on whether an upward departure from section 2N2.1 of the Guidelines was proper?
MultiRegion, United States of America
The following excerpt is from U.S. v. Shields, 985 F.2d 576 (9th Cir. 1992):
To the extent that Shields raises the issue of whether an upward departure from section 2N2.1 was proper, we decline to address this issue because the district court properly calculated the offense level under section 2F1.1 and did not depart from the applicable Guidelines range. We do note, however, that this issue was squarely addressed in our published opinion in a companion case, United States v. Von Mitchell, No. 91-50765, slip op. ----, (9th Cir. January ---, 1993).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a finding that an aggravating circumstance warrants upward departure warrant upward departure? (MultiRegion, United States of America)
If a court finds that a sanction imposed by a district court was an abuse of power, does the court have any authority to determine whether the sanction was abused or abused? (MultiRegion, United States of America)
In what circumstances will the US Supreme Court refuse to grant a motion to dismiss a motion for contempt of court when there are circumstances that would otherwise result in a miscarriage of justice? (MultiRegion, United States of America)
In what circumstances will a court of appeals remand to a federal district court for resentencing where the sentence was imposed as a possible result of an incorrect application of the sentencing guidelines? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
What is the consequence of the District Court's failure to explain by analogy the degree of upward departure from the Criminal Guidelines? (MultiRegion, United States of America)
Can a reviewing court affirm a sentence in which a federal district court's departure from the guideline range is based on both valid and invalid factors? (MultiRegion, United States of America)
In what circumstances will the US Supreme Court consider whether the Chief Justice of the United States Supreme Court has any authority or authority to issue an opinion in the context of judicial review? (MultiRegion, United States of America)
How have the courts interpreted section 56(2) of the Income Tax Code in the context of Section 56(1) and Section 5(2)? (Canada (Federal), Canada)
When a final judgment from one district court is registered with another district court pursuant to Section 1963, is it treated like a judgment from the other district court? (MultiRegion, United States of America)
